(Commission) The claimant had been refused employment within the Central Office of Information. He had been accepted subject to clearance, but that failed. He objected that he had been given no opportunity to object to the material oin which his rejection had been based. Held: The complaints were manifestly unfounded. As to Article 8: ‘In … Continue reading Esbester v United Kingdom: ECHR 2 Apr 1993
It was not an abuse of process to seek to pursue an employment claim in the High Court where the claim begun in the tribunal was for breach of contract, unfair dismissal or redundancy, and the total amount of the claim might exceed the tribunal’s financial limits for such awards. The claimant must make it … Continue reading Sajid v Sussex Muslim Society: 2002
Mr Leander had been refused employment at a museum located on a naval base, having been assessed as a security risk on the basis of information stored on a register maintained by State security services that had not been disclosed him. Mr Leander complained that he should have been provided with the information in question, … Continue reading Leander v Sweden: ECHR 26 Mar 1987
Two appeals against the order of an employment tribunal which had revisited the order of an earlier tribunal of equivalent jurisdiction, in the absence of a material change in circumstances, or the original order being based on a material omission or mistreatment, or some other substantial reason necessitating the interference, would be allowed. The orders … Continue reading Morgan v DHL Services Ltd (Strike Out): EAT 18 Dec 2020
The Claimant in the Employment Tribunal was present when a colleague made a remark which included a reference to ISIS. She complained that this amounted to harassment by way of conduct related to race, identified by her for this purpose as her own race of being British Asian Indian. The Tribunal upheld the complaint and … Continue reading Tees Esk and Wear Valleys NHS Foundation Trust v Aslam and Another (Harassment – Conduct): EAT 22 Nov 2019
Application for permission to make use of documents produced by the Defendant in Employment Tribunal proceedings which he brought against the present Claimant. The second application is the adjourned application by the Claimant for an interim injunction Citations: [2020] EWHC 1194 (QB) Links: Bailii Jurisdiction: England and Wales Litigation Practice Updated: 30 November 2022; Ref: … Continue reading Notting Hill Genesis v Ali: QBD 13 May 2020
Citations: [2007] NIFET 499 – 00 Links: Bailii Jurisdiction: England and Wales Citing: Cited – J Sainsbury Ltd v Hitt; Orse Sainsburys Supermarkets Limited v Hitt CA 18-Oct-2002 Reasobaleness of Investigation Judged ObjectivelyThe employer appealed against a decision that it had unfairly dismissed the respondent. The majority of the Employment Tribunal had decided that the … Continue reading Downey v Department for Regional Development: FENI 28 Jul 2006
EAT Contract of Employment: Wrongful Dismissal and Unfair Dismissal: Reason for Dismissal including Substantial Other ReasonAppellant was dismissed for writing a letter confirming an offer of sponsorship. He had been told not to write that letter (though the offer of sponsorship had been approved by the employer). His case was that he had written the … Continue reading Dawes v Lidl Ltd: EAT 26 Jan 2006
The defendant appealed dismissal of his defence to an action in defamation. Held: The court proceeded in his absence, discerning two grounds of appeal from the papers. He had suggested that he awaited pro bono representation but was by profession a barrister, and the court did not accept that he could not present his case … Continue reading Steinberg v Pritchard Englefield (A Firm) and Another: CA 3 Mar 2005
The claimant had been dismissed. He said the manner of his dismissal had caused him to suffer a mental breakdown, and claimed for loss of earnings. He asserted a duty on an employer not to dismiss him in such a way as to infringe the duty of trust and confidence. He succeeded in a claim … Continue reading Johnson v Unisys Limited: CA 4 Dec 1998
TRANSFER OF UNDERTAKINGS; service provision change; multiple transferees A client local authority (‘N’) re-tendered the work for replacement of kitchens within its social housing stock. All of the work under the previous contract had been carried out by a single contractor (‘A’). A group of A’s employees had worked exclusively on the contract between N … Continue reading McTear Contracts Ltd v Bennett and Others (Transfer of Undertakings; Service Provision Change; Multiple Transferees): EAT 25 Feb 2021
A costs order made by the tribunal under rule 78(1)(b) of the Employment Tribunal Rules of Procedure 2013 was within its powers, even though it capped the costs in favour of the appellant (the respondent below) in an amount that had not yet been precisely ascertained. The tribunal had been entitled to have regard to … Continue reading Kuwait Oil Company (KSC) v Al-Tarkait (Practice and Procedure – Costs): EAT 4 Dec 2019
The Claimant, who suffered various disabilities (Ehlers-Danlos Syndrome, Dyspraxia and Dyslexia), bought a number of complaints in Employment Tribunal (‘ET’), all of which were dismissed. The Claimant appealed against the ET’s decision in respect of three claims of discrimination by reason of a failure to make reasonable adjustments: (i) in relation to what she complained … Continue reading Rakova v London North West Healthcare NHS Trust (Disability Discrimination – Reasonable Adjustments): EAT 17 Oct 2019
ET Rules 50(3) and 67 In the absence of wider written consent to disclosure of his medical information, the Employment Tribunal erred in holding that the Respondent was fixed from the outset with knowledge of one of the disabilities the Claimant had disclosed to occupational health. On the facts found by them the Employment Tribunal … Continue reading Q v L (Disability Discrimination – Reasonable Adjustments): EAT 23 Jul 2019
The Claimant (‘C’) claimed that he had been automatically unfairly dismissed for opting out, or proposing to opt out, of working on a Sunday. The Employment Tribunal (‘the ET’) dismissed that claim. The Employment Appeal Tribunal held that, on the evidence, it was open to the ET to find that the reason or principle reason … Continue reading Ikejiuba v Wm Morrison Supermarkets Plc (Unfair Dismissal – Automatically Unfair Reasons): EAT 9 Jul 2019
The Employment Tribunal erred in concluding that the threshold requirement for the exercise of discretion as to costs had been met. Citations: [2019] UKEAT 0184 – 19 – 1411 Links: Bailii Jurisdiction: England and Wales Employment Updated: 27 November 2022; Ref: scu.650903
The Employment Tribunal dismissed the Claimant’s claims for discrimination, harassment, victimisation, whistleblowing detriment and unfair dismissal part of the way through the final hearing because he indicated that he was not prepared to give evidence or otherwise continue to participate in the proceedings, after the Tribunal ruled against his application to strike out the Respondent’s … Continue reading Leslie v Imperial College Healthcare NHS Trust (Practice and Procedure): EAT 7 Jan 2020
The Employment Tribunal was right to find that it did not have jurisdiction over claims for unfair dismissal, racial discrimination, victimisation and detriment resulting from a protected disclosure brought by an Egyptian national who had been employed as a Vice Consul in the British Embassy in Cairo. She contended that the ET had jurisdiction because … Continue reading Hamam v British Embassy In Cairo and Another (Jurisdictional / Time Points): EAT 24 Jan 2020
The Employment Tribunal found that the Claimant made protected disclosures in respect of the introduction of a new rota system, which he reasonably believed posed a danger to the health and safety of patients, and to be made in the public interest. Subsequent to this, concerns raised by colleagues about his alleged conduct were referred … Continue reading Chatterjee v Newcastle Upon Tyne Hospitals NHS Trust (Victimisation Discrimination – Protected Disclosure): EAT 23 Sep 2019
PRACTICE AND PROCEDURE – Appearance/response PRACTICE AND PROCEDURE – Absence of party The Respondent did not file a response to the Claimant’s claim before the Employment Tribunal. Judgment on liability was entered and the scheduled preliminary hearing was converted to a remedy hearing. The judgment and the new notice of hearing were sent out. The … Continue reading Chelmsford Unisex Hair Salon Ltd v Grunwell: EAT 29 Oct 2019
Appeal at the instance of the Lord Chancellor and his department against the decision of the Employment Tribunal that in the selection of a special adviser he contravened the provisions in respect of the first respondent, as she now is, the Sex Discrimination Act 1975 and in respect of the second respondent, as she now … Continue reading The Lord Chancellor and Another v Coker and Another: EAT 17 Jan 2001
The claimant sought damages for libel in an internal email written by her manager, accusing her of being a compulsive liar. The email had not been disclosed save in Employment Tribunal proceedings, and the claimant sought permission to use the email and to extend the limitation period saying it had been withheld. Held: There had … Continue reading McBride v The Body Shop International Plc: QBD 10 Jul 2007
EAT An atheist teacher working in a Roman Catholic school applied for the post of Acting Principal Teacher of Pastoral Care. He was not even considered for an interview as he was not of the Roman Catholic faith and the local education authority which maintained the school thought that the Roman Catholic Church would have … Continue reading Glasgow City Council v McNab: EAT 17 Jan 2007
Citations: [1997] UKEAT 765 – 97 – 2710 Links: Bailii Jurisdiction: England and Wales Citing: Cited – Meek v City of Birmingham District Council CA 18-Feb-1987 Employment Tribunals to Provide Sufficient ReasonsTribunals, when giving their decisions, are required to do no more than to make clear their findings of fact and to answer any question … Continue reading Joseph and others v Exel Logistics and others: EAT 27 Oct 1997
Citations: [2001] EWCA Civ 1853, [2002] IRLR 116, [2002] ICR 713 Links: Bailii Jurisdiction: England and Wales Citing: Cited – Divine-Bortey v London Borough of Brent CA 14-May-1998 The claimant had brought and lost an action relating to his dismissal by the defendant, who now appealed against an order that he was not estopped from … Continue reading London Borough of Lambeth and Another v Apelogun-Gabriels: CA 22 Nov 2001
AGE DISCRIMINATION 1. The Employment Tribunal did not err in law in its construction of section 61 of the Equality Act 2010 or its impact on the availability of the defence provided by paragraph 1(1) of Schedule 22 of that Act. 2. Section 61 prohibits the Appellants from acting in a manner which discriminates on … Continue reading London Fire Commissioner and Others v Sargeant and Others (Age Discrimination): EAT 12 Feb 2021
The Tribunal held that two disclosures of information, that were otherwise qualifying disclosures, were not in the reasonable belief of the Claimant made in the public interest. The reasons of the Tribunal did not demonstrate that it applied the correct legal test, and had taken into account all relevant factors, in determining this issue. The … Continue reading Dobbie v Felton (T/A Feltons Solicitors) (Whistleblowing, Protected Disclosures): EAT 11 Feb 2021
The Claimant was dismissed by the Appellant immediately prior to a TUPE transfer from the Appellant to a third party. He brought a claim for unfair dismissal against the Appellant alone in which he claimed that his dismissal was unfair in terms of Regulation 7(1) of TUPE. The Appellant conceded that the dismissal of the … Continue reading Greater Glasgow Health Board v Neilson (Transfer of Undertakings; Dismissal; Remedies; Re-Engagement): EAT 16 Feb 2021
EAT Statutory Discipline and Grievance Procedures – Whether applicable – Whether infringed – Was the modified or standard grievance procedure applicable? The Employment Tribunal found the former, and held that the grievance did not identify the basis of the claims which were subsequently lodged with the Tribunal. Therefore the Tribunal had no jurisdiction to hear … Continue reading Riley v First Choice Homes Oldham Ltd: EAT 30 Apr 2008
EAT PRACTICE AND PROCEDURE – Time for appealingTime for appealing two out of time appeals was enlarged.In the first, the Claimant did not know there was a right of appeal and when she found out, on contacting the Employment Tribunal, reasonably relied on its assurance that the matter was being actioned. The solicitors did not … Continue reading Singh-Rathour and Another v Taylor and Others: EAT 11 Mar 2011
EAT Four employees successfully established before the Employment Tribunal that they had been unfairly dismissed for redundancy. The Tribunal found that there had been procedural defects. In particular the assessments in the redundancy exercise had been inadequate and subjective. The Tribunal considered whether the dismissals were fair under section 98A(2) of the Employment Rights Act … Continue reading Software 2000 Ltd v Andrews etc: EAT 17 Jan 2007
EAT Equal Pay Act – Article 141Appeal against Employment Tribunal’s Decision that Respondent’s 2000 job evaluation study not within s1(5) (and therefore no bar to Applicant’s claim by reference to s2A) of the Equal Pay Act 1970 dismissed by reference to Eaton v Nuttall [1977] ICR 272. Tribunal did not deal with effect of the … Continue reading Diageo Plc v Thomson: EAT 29 Apr 2004
The Employment Tribunal erred in failing to give a reasoned determination of the causation issue in this claim; was the Claimant subject to the detriments she established on the ground of having made the protected disclosures accepted to have been made by the Tribunal. The matter is remitted to the same Employment Tribunal to determine … Continue reading Roseberry Care Centres Gb Ltd (T/A Valley View Care Home) v Jackson (Protected Disclosures): EAT 19 Mar 2021
The claimants claimed equal pay, asserting use of particular comparators. The Trust said that there was a genuine material factor justifying the difference in pay. Held: To constitute a single source for the purpose of article 141, it is not enough for the non-RVI claimants to show that they have the same employer as the … Continue reading Armstrong and others v Newcastle Upon Tyne NHS Hospital Trust: CA 21 Dec 2005
Practice and procedure The Employment Tribunal erred in its calculation of the Appellant’s monthly expenditure, when making a costs order against him. That error was material, and the issue is remitted back to the same ET to consider the amount of the costs order. Judges: Judge Keith Citations: [2022] EAT 159 Links: Bailii Jurisdiction: England … Continue reading Ward v Dimensions (UK) Ltd (Practice and Procedure): EAT 24 May 2022
The Employment Appeal Tribunal allowed an appeal by the Claimant against a finding made at a Preliminary Hearing that he was not disabled within the meaning of section 6 of the Equality Act 2010 as at 20 May 2017, the date of his dismissal. The Employment Tribunal should not have determined the issue arising under … Continue reading Lawson v Virgin Atlantic Airways Ltd (Disability Discrimination): EAT 12 Feb 2020
An order for disclosure under rule 31 of the 2013 Employment Tribunal Rules of Procedure can be made against a person who is not physically present in Great Britain at the time when the order is made. The words in rule 31: ‘[t]he Tribunal may order any person in Great Britain to disclose documents or … Continue reading Sarnoff v The Weinstein Company Llc (Practice and Procedure – Disclosure – Case Management): EAT 6 May 2020
The Claimant brought multiple complaints to the Employment Tribunal, including of harassment related to disability and failure to comply with the duty of reasonable adjustment, in relation to what she said was her excessive workload during a particular period of her employment. Her claimed excessive workload was also said to be one of the things … Continue reading Sweeney v Merseyside Community Rehabilitation Company Ltd (Practice and Procedure – Case Management – Admissibility of Evidence): EAT 25 Nov 2019
The Claimant’s claim form, containing complaints of discrimination, was presented a little over two months out of time, assuming, in her favour, that she might be able to establish a continuing act in relation to all of the allegations that she raised. The Employment Tribunal accepted that the Claimant genuinely, but erroneously, thought that, having … Continue reading O’Neill v Jaeger Retail Ltd (Jurisdictional Points – Extension of Time: Just and Equitable): EAT 1 Nov 2019
An Employment Tribunal (‘ET’) erred in finding that a one off error resulting in a failure to apply the redeployment period set out in the Sickness Absence and Monitoring Policy Management Guidance was capable, in law, of amounting to a PCP, for the purposes of section 20 of the EqA. It also misapplied the test … Continue reading London Borough of Haringey v Oksuzoglu (Disability Discrimination): EAT 20 Aug 2019
The Claimant worked as hospital porter. His duties included transporting anaesthetised patients to and from theatre. He was charged was assault to injury with intention to rape. The Respondent, having considered the matter, decided that the risk to its reputation of continuing to employ the Claimant where he had access to vulnerable patient was too … Continue reading Lafferty v Nuffield Health (Unfair Dismissal): EAT 15 Aug 2019
Harassment – The Claimant (‘C’) appealed against the decision of the Employment Tribunal (‘The ET’) to dismiss her claims for disability discrimination; unfair constructive dismissal and harassment. The premise of the ET’s findings on all three claims was that the Respondent (‘R’) had made full disclosure of the relevant and available documents to C in … Continue reading Fox v South Essex Academy Trust (Unfair Dismissal – Constructive Dismissal – Disability): EAT 5 Dec 2019
UNFAIR DISMISSAL An Employment Tribunal (‘ET’) did not err in law in permitting a hearing to proceed notwithstanding clear indications of illness on the part of a Claimant, who was adamant that the hearing should proceed. However, the ET erred in law in treating the procedural shortcomings which it identified as redeemed by the substantial … Continue reading Chowdhury v Marsh Farm Futures (Unfair Dismissal): EAT 14 Jan 2020
Lord Johnston considered the approach to be taken under section 98A: ‘In seeking to resolve this matter, it is necessary to make two observations of a general nature. In the first place, when an industrial tribunal is addressing the question in the context of remedy, against a background of procedural unfairness, whether a fair procedure … Continue reading Fisher v California Cake and Cookie Co: 1997
The Appeal tribunal upheld the refusal of an employment tribunal to grant the applicant a declaration that he was entitled to retire at 55 with the same superannuation terms as had female nurses also retiring at that age. EAT Sex Discrimination – Direct Judges: His Honour Judge Peter Clark Citations: Times 19-Feb-2002, EAT/1031/99 Statutes: National … Continue reading Quirk v Burton Hospitals NHS Trust Secretary of State for Health: EAT 4 Dec 2000
The complainant requested details relating to the costs of two employment tribunal cases involving teachers at Alderman Davies Church in Wales Primary School (‘the School’). The School provided some information and stated other information was not held. The Commissioner’s decision is that, on the balance of probabilities the School does not hold information about the … Continue reading Governing Body of Alderman Davies Church In Wales Primary School (Education): ICO 18 Dec 2019
The Claimant seeks damages from the Defendant for alleged professional negligence in the conduct of certain legal proceedings commenced in 2014 and 2015. These proceedings, comprising a claim in the Employment Tribunal, a petition under section 994 of the Companies Act 2006 and a further claim for damages in the High Court, were for the … Continue reading ABC v Shulmans Llp: ComC 25 Sep 2019
Citations: [1979] IRLR 19 Jurisdiction: England and Wales Cited by: Cited – Punch Pub Company Ltd v O’Neill EAT 23-Jul-2010 EAT UNFAIR DISMISSALReasonableness of dismissalProcedural fairness/automatically unfair dismissalThe Employment Tribunal failed to consider the effect of S98A(2) of the Employment Rights Act . . Lists of cited by and citing cases may be incomplete. Employment … Continue reading Pirelli General Cable v Murray: 1979
EAT UNFAIR DISMISSAL Reasonableness of dismissal The Employment Tribunal substituted its judgment for that of the management as to the seriousness of the Claimant’s conduct. The employer was entitled to rely on an earlier similar incident even though it did not result in a disciplinary sanction, because it alerted the Claimant to the conduct complained … Continue reading London Borough of Brent v Fuller: EAT 21 Apr 2010
DISABILITY DISCRIMINATION The claimant, a supervising social worker in the respondent’s fostering team, was dismissed for her conduct in giving gifts to a child for whom she was responsible without the authority of her manager, and because of what was considered to be the inappropriate content of a case note that she had written. Before … Continue reading Morgan v Buckinghamshire Council: EAT 28 Oct 2022
UNFAIR DISMISSAL WHISTLEBLOWING, PROTECTED DISCLOSURES CONTRACT OF EMPLOYMENT The employment tribunal found that the Claimant had been unfairly dismissed, contrary to section 94 of the Employment Rights Act 1996 (‘the ERA’), and wrongfully dismissed, but had not been automatically unfairly dismissed, contrary to section 103A of the ERA. On the Respondent employer’s appeal from the … Continue reading University Hospitals Birmingham NHS Foundation Trust v Reuser (Unfair Dismissal – Whistleblowing, Protected Disclosures): EAT 1 May 2020
The claimant had been awarded damages for unfair constructive dismissal. The employer appealed an award of damages for the period prior to the acceptance by the employee of the repudiatory breach. Held: Where a claimant’s losses arose before the dismissal actually occurred, she might have a separate claim for damages, but that claim was only … Continue reading GAB Robins (UK) Ltd v Triggs: CA 30 Jan 2008
EAT Procedural Issues – Employment Tribunal. Judges: The Honourable Mr Justice Maurice Kay Citations: EAT/1211/95 and EAT/484/96 Links: EAT Jurisdiction: England and Wales Employment Updated: 22 November 2022; Ref: scu.255625
Judges: Mummery LJ, David Richards J, Sir Paul Kennedy Citations: [2007] EWCA Civ 1188, [2008] 2 All ER 977, [2008] IRLR 66, [2008] ICR 442 Links: Bailii Jurisdiction: England and Wales Citing: Appeal from – Power v Regent Security Services Ltd EAT 29-Jan-2007 EAT Transfer of Undertakings – Acquired rights directiveThe appellant was employed to … Continue reading Regent Security Services Ltd v Power: CA 20 Nov 2007
The claimant appealed dismissal of his claim for race discrimination, saying that the defendant had failed to comply with its own disciplinary procedures. She had been accused of making inappropriate remarks after 9/11. The EAT had found that the ET had misunderstood the defendant’s procedures. Held: The appeal succeeded. The suspension had proceeded despite awareness … Continue reading H Aziz v Crown Prosecution Service: CA 31 Jul 2006
The applicant sought leave to appeal against a decision disallowing his complaint at his claim for race discrimination being struck out as scandalous, frivolous or vexatious. He said that the Tribunal had dismissed his claim without giving him opportunity to present the facts on which it was based. Held: Given the decision on Roffey, the … Continue reading Balamoody v United Kingdom Central Council for Nursing: CA 14 May 2001
Citations: [2003] EWCA Civ 135, [2003] IRLR 232, [2003] All ER (D) 299 Links: Bailii Jurisdiction: England and Wales Citing: Appeal from – Dr A Jiad v M Byford L Granger J Youngson, G Dyke EAT 14-Feb-2002 EAT Procedural Issues – Employment Tribunal . . Lists of cited by and citing cases may be incomplete. … Continue reading Jiad v Byford and others: CA 30 Jan 2003
The claimant, employed as a nursery nurse by the respondent in an infant school sought to compare herself with clerical staff employed by the respondent, but not in schools. Held: The employee’s appeal succeeded. The majority of the Employment Tribunal, the Employment Appeal Tribunal, and the majority of the Court of Appeal were wrong to … Continue reading Leverton v Clwyd County Council: HL 1989
There was a claim for damages in respect of psychiatric injury said to result from a breach of the implied term of trust and confidence, which was asserted to be recoverable notwithstanding Johnson, on the basis that the acts of the employer complained of could be severed from the employer’s conduct leading to the dismissal, … Continue reading Eastwood v Magnox Electric plc: CA 2002
Unfair Dismissal – The employment tribunal did not err in law in holding that the claimant had not withdrawn her appeal against dismissal and, as a result, the decision to allow the appeal had resulted in her reinstatement into employment. What amounts to the withdrawal of an appeal considered. Citations: [2022] EAT 161 Links: Bailii … Continue reading Marangakis v Iceland Foods Ltd: EAT 2 Nov 2022
The complainant requested information from the Financial Conduct Authority (FCA) relating to employment tribunal claims. The FCA refused to comply with the request citing section 12(1) (cost limit) of the FOIA. The Commissioner’s decision is that the FCA was entitled to refuse to comply with the request in accordance with section 12(1) of the FOIA. … Continue reading Financial Conduct Authority (Other) 138387: ICO 6 Jun 2022
The complainant requested information from the Financial Conduct Authority (FCA) relating to employment tribunal claims. The FCA refused to comply with the request citing section 12(1) (cost limit) of the FOIA. The Commissioner’s decision is that the FCA was entitled to refuse to comply with the request in accordance with section 12(1) of the FOIA. … Continue reading Financial Conduct Authority (Other) ic-138387: ICO 6 Jun 2022
EAT Transfer of Undertakings : TransferOn the issue of whether there had been a ‘relevant transfer’ for TUPE purposes, the Employment Tribunal (ET) preferred to the Respondent’s witness’s evidence that there had been no transfer. It failed to give any reasons for preferring that evidence to the other evidence in the case. Moreover, such an … Continue reading Beynon v Crash Accident Repair Services Ltd (Debarred): EAT 14 Mar 2013
EAT Practice and Procedure : Bias, Misconduct and Procedural Irregularity – No procedural irregularity in the Employment Tribunal’s determination of victimisation/discrimination arising out of the Respondent’s failure to deal with a letter of complaint. ET entitled to find that if the letter was received it was not dealt with due to an administrative oversight. Judges: … Continue reading Gaurilcikiene v Tesco Stores Ltd: EAT 7 Mar 2013
EAT UNFAIR DISMISSAL – Constructive dismissal The Respondent dismissed the Claimant in May 2008. She appealed and was reinstated in October 2008. The Respondent imposed conditions of retraining before her return to work, after an absence of two years. The Claimant claimed constructive unfair dismissal as a result of the dismissal and the subsequent conditions. … Continue reading Thomson v Barnet Primary Care Trust (Unfair Dismissal : Constructive Dismissal): EAT 25 Apr 2013
EAT PRACTICE AND PROCEDURE – Costs – The Employment Tribunal made permissible findings about the Claimant’s conduct of the case and was entitled to award costs against him when he withdrew after consulting his counsel in the course of his cross-examination after 9 days. The now customary reasons challenge to the Employment Tribunal’s findings was … Continue reading Nouchin v Norfolk County Council and Another (Practice and Procedure): EAT 22 Nov 2012
EAT Jurisdictional Points : Extension of Time: Reasonably Practicable – Worker, employee or neitherThere was no error in the Employment Tribunal’s finding that a domestic servant was jointly employed on a contract of employment by a husband and wife and liability for substantial compensation was joint and several. The Employment Tribunal could not be faulted … Continue reading Uzor v Safiu and Others: EAT 7 Dec 2012
EAT JURISDICTIONAL POINTS – Extension of time: reasonably practicable – Worker, employee or neither There was no error in the Employment Tribunal’s finding that a domestic servant was jointly employed on a contract of employment by a husband and wife and liability for substantial compensation was joint and several. The Employment Tribunal could not be … Continue reading Uzor v Safiu and Others (Jurisdictional Points : Extension of Time: Reasonably Practicable): EAT 7 Dec 2012
EAT TRANSFER OF UNDERTAKINGS – Economic technical or organisational reason The Employment Tribunal erred in law in misapplying the facts it found to the statutory regime. Had it done so without error it would have concluded that the dismissal of the Appellants was not for an ETO reason as the dismissals were not for the … Continue reading Kavanagh and Others v Crystal Palace Fc (2000) Ltd and Others (Transfer of Undertakings : Economic Technical or Organisational Reason): EAT 20 Nov 2012
EAT UNFAIR DISMISSAL – Reasonableness of dismissal The decision of a single judge of the Claimant’s unfair dismissal claim was set aside and remitted to a three-person Employment Tribunal which dismissed the claim. This second appeal was misconceived. The task of the Employment Tribunal was not to decide who was driving the van, and whether … Continue reading Cancer Research UK Ltd (Unfair Dismissal : Reasonableness of Dismissal): EAT 19 Sep 2012
EAT UNFAIR DISMISSAL – Reason for dismissal including substantial other reason UNLAWFUL DEDUCTION FROM WAGES The Employment Tribunal was entitled on the facts to find that a disagreement about salary and bonus did not result in a breakdown of trust and confidence and so become some other substantial reason for dismissal. It was entitled to … Continue reading Handshake Ltd v Summers (Unfair Dismissal : Reason for Dismissal Including Substantial Other): EAT 22 Oct 2012
EAT Race Discrimination : Inferring Discrimination – DetrimentConduct capable of being racially discriminatory – burden of proof transferred to employer – whether Employment Tribunal entitled to conclude it had not been discharged – whether ET also entitled to conclude that employee was required to change his place of work by reason that he had undertaken … Continue reading Micheldever Tyre Service Ltd v Burrell: EAT 15 Feb 2013
EAT Race Discrimination : Inferring Discrimination – DetrimentConduct capable of being racially discriminatory – burden of proof transferred to employer – whether Employment Tribunal entitled to conclude it had not been discharged – whether ET also entitled to conclude that employee was required to change his place of work by reason that he had undertaken … Continue reading Burrell v Micheldever Tyre Service Ltd: EAT 15 Feb 2013
EAT JURISDICTIONAL POINTS – Working outside the jurisdiction WORKING TIME REGULATIONS – Holiday pay The approach to determining whether an employee of British company who works and lives abroad falls within the territorial scope of the Employment Rights Act 1996 section 94(1) has been developed since Lawson v Serco Ltd [2006] ICR 250. The question … Continue reading Dhunna v Creditsights Ltd: EAT 3 Apr 2013
EAT Unfair Dismissal : Compensation Respondent’s appeal allowed only in relation to Employment Tribunal’s making of a basic award coupled with an order for reinstatement. The two are mutually exclusive: see Employment Rights Act ss.112(4) and 118(1). Judges: Peter Clark J Citations: [2013] UKEAT 0536 – 12 – 0103 Links: Bailii Jurisdiction: England and Wales … Continue reading Oxford Health NHS Foundation Trust v Laakkonen and Others: EAT 1 Mar 2013
EAT Practice and Procedure : Appellate Jurisdiction or Reasons or Burns-Barke Appeal allowed and case remitted to same Employment Tribunal to reconsider their finding on extending time for bringing the two complaints of direct race discrimination upheld by the Employment Tribunal. Judges: Peter Clark J Citations: [2013] UKEAT 0628 – 11 – 1903 Links: Bailii … Continue reading South Wales Police Authority v Johnson: EAT 19 Mar 2013
EAT Practice and Procedure : Amendment Amendment refused. Selkent principles not expressly applied. Appeal allowed. Amendment issue remitted to fresh Employment Tribunal for further consideration. Judges: Peter Clark J Citations: [2013] UKEAT 0006 – 13 – 1503 Links: Bailii Jurisdiction: England and Wales Employment Updated: 17 November 2022; Ref: scu.472855
EAT Disability Discrimination : Justification – PRACTICE AND PROCEDURE – Bias, misconduct and procedural irregularityThe Employment Tribunal found in favour of the Claimant on the basis of disability related discrimination; but the case was run wholly on direct discrimination. Remitted to ET – same Tribunal – to reconsider. Judges: Jeffrey Burke QC Citations: [2013] UKEAT … Continue reading Mumtaz Food Industries Ltd v Javed: EAT 30 Jan 2013
EAT Contract of Employment : Wrongful Dismissal – UNFAIR DISMISSAL – Reasonableness of dismissalThe Employment Tribunal found that the Claimant was fairly but wrongfully dismissed following a disciplinary matter and awarded 12 weeks pay for loss of notice. Both sides appealed. Both appeal and cross-appeal allowed and the matter remitted to the same ET. On … Continue reading Camden and Islington Foundation Trust v Boafo: EAT 19 Feb 2013
EAT Unfair Dismissal : Procedural Fairness/Automatically Unfair DismissalUnfair Dismissal (UD) claim. Claimant dismissed for refusal to accept a 4 per cent pay cut which had been accepted by all other staff of the not-for-profit employer. Claimant had earlier brought a claim for unlawful deduction of the 4 per cent which the employer had compromised by … Continue reading Kelly v Fylde Community Link Ltd: EAT 5 Mar 2013
EAT Unfair Dismissal : Constructive Dismissal – DISABILITY DISCRIMINATION – Reasonable adjustmentsClaimant suffered personality disorder and was disabled for the purposes of DDA. He was suspended for misconduct in November 2009 and was still suspended a year later when he resigned.The Employment Tribunal found in his favour on disability discrimination claims based on ‘reasonable adjustments’ … Continue reading The Carphone Warehouse Ltd v Martin: EAT 12 Feb 2013
EAT National Minimum Wage : The Appellant appealed to the Employment Tribunal against a Notice of Underpayment served by the Respondent under section 19 of the National Minimum Wage Act 1998. The ET dismissed the appeal. It found that the Appellant paid travel expenses which required to be deducted from the total payment from employer … Continue reading C and D DH Ltd (T/A Elite Homecarers) v Revenue and Customs: EAT 12 Feb 2013
EAT Unfair Dismissal : Reasonableness of Dismissal – An argument that it was perverse (or substitution) for an Employment Tribunal to hold that a dismissal of a manager for behaving in an over-authoritarian manner towards junior staff was unfair was rejected. It was open to this ET to come to that conclusion. Judges: Langstaff P … Continue reading JJ Food Service Ltd v Kefil: EAT 12 Feb 2013
EAT Disability Discrimination : Direct Disability DiscriminationPRACTICE AND PROCEDURE – Striking-out/dismissalWhether or not the Employment Tribunal right to strike out direct disability claim as having no reasonable prospect of success – test to be applied – ET right to strike out claim where there was not evidence that interviewers and decision makers who decided to … Continue reading Patel v Llyoyds Pharmacy Ltd: EAT 6 Feb 2013
EAT Unfair Dismissal : Contributory faultCONTRACT OF EMPLOYMENT – Sick pay and holiday payWhether Employment Tribunal should have reduced basic and compensatory award for unfair dismissal by reason of employee’s conduct – no basis for doing so. Whether ET should have refused to award unpaid holiday pay accruing more than one year before dismissal – … Continue reading Wainwright and Cummins v Snowdon: EAT 5 Feb 2013
EAT DISABILITY DISCRIMINATION – Reasonable adjustmentsThe Claimant is employed as an academic at the Respondent university’s business school and suffers from Chronic Fatigue Syndrome, a recognised disability. The Employment Tribunal dismissed the Claimant’s complaints of disability discrimination and harassment. The core of the case concerned an alleged breach of the duty to make reasonable adjustments … Continue reading Foster v Cardiff University: EAT 27 Mar 2013
EAT JURISDICTIONAL POINTS – Extension of time: reasonably practicableWhere a Claimant has retained a solicitor to act for him and failed to meet the deadline for presenting a complaint of unfair dismissal to an Employment Tribunal, the adviser’s fault will defeat any attempt to argue that it was not reasonably practicable to make a timely … Continue reading El-Kholy v Rentokil Initial Facilities Services (UK) Ltd: EAT 21 Mar 2013
EAT Practice and Procedure : Disposal of Appeal Including Remission – A division of the Employment Appeal Tribunal allowed an appeal on the two points an Employment Tribunal had determined in favour of an employee. The ET had also decided three points in favour of the employer, but these decisions were not appealed. The remission … Continue reading Ltrs Estates Ltd (T/A Orwells) v Hamilton: EAT 21 Feb 2013
EAT Unfair Dismissal : Compensation – The Employment Tribunal found that Claimants had been unfairly dismissed rejecting Respondent’s case that the dismissal was for redundancy and finding that it was procedurally unfair in any event. In the course of the judgment on liability the ET made a finding that R ‘had determined that its dire … Continue reading New Eltham Conservative Club v Hazel: EAT 13 Feb 2013
EAT Unfair Dismissal : Compensation No error of law in Employment Tribunal’s approach to compensation for unfair dismissal. Observations on the correct approach by the DWP to the prescribed element in accordance with Regulation 7(2) of the Recoupment Regulations 1996. Judges: Peter Clark J Citations: [2013] UKEAT 0256 – 12 – 2802 Links: Bailii Jurisdiction: … Continue reading Whyte v London Borough of Lewisham: EAT 28 Feb 2013
FTTTx INCOME TAX – employment – payment made following termination of employment – whether a payment in lieu of notice under terms of employment contract or termination payment falling within Chapter 3 of Part 6 ITEPA 2003 – finding by Employment Tribunal that employer in breach of obligation to give written notice but that such … Continue reading Harrison v Revenue and Customs: FTTTx 29 Nov 2012
EAT Procedural Issues – Employment Tribunal. Judges: His Honour Judge Peter Clark Citations: EAT/672/99 Links: EAT Jurisdiction: England and Wales Cited by: See Also – Saudia Arabia v Nasser EAT 26-Jul-2000 . . Lists of cited by and citing cases may be incomplete. Employment Updated: 17 November 2022; Ref: scu.254697
EAT Procedural Issues – Employment Tribunal. Judges: His Honour Judge A Wilkie Qc Citations: EAT/560/00 Links: EAT Jurisdiction: England and Wales Employment Updated: 17 November 2022; Ref: scu.254997
The claimant sought an order to restrain anticipated defamatory comments and evidence to be given to an employment tribunal. Held: It could not be said as the claimant asserted that dfeences were bound to fail, and no determination should be made before trial. Nor were the claimant’spleadings yet to the required standard. Judges: Sharp J … Continue reading Vaughan v London Borough of Lewisham and Others: QBD 11 Apr 2013
ECHR Article 9-1 Manifest religion or belief Disciplinary measures against employees for wearing religious symbols (cross) at work or refusing to perform duties they considered incompatible with their religious beliefs: violation; no violations Article 14 Discrimination Disciplinary measures against employees for wearing religious symbols (cross) at work or refusing to perform duties they considered incompatible … Continue reading Eweida And Others v The United Kingdom: ECHR 15 Jan 2013
In this case the Employment Appeal Tribunal (EAT) was asked whether a party was entitled to ask the Tribunal to reconsider on ‘its own initiative’ (Rules 70 and 73 of the Employment Tribunals Rules of Procedure 2013) when it had failed to apply for reconsideration and where any application, if made, would be substantially out … Continue reading Banerjee v Royal Bank of Canada (Practice and Procedure): EAT 30 Oct 2020
EAT UNFAIR DISMISSAL – Calculation of compensatory awardHaving been unfairly dismissed, the employee took short term lower paid employment. But after a few weeks she fell ill and incapable of work. The Employment Tribunal made a compensatory award of 40 weeks from dismissal assessed at the difference between her old and new pay rates. On … Continue reading Avia Technique Ltd v Kalia: EAT 23 Jan 2013
EAT DISABILITY DISCRIMINATION – Exclusions/jurisdictions JURISDICTIONAL POINTS – Claim in time and effective date of termination The Employment Tribunal found that the Respondent had failed to make two reasonable adjustments for the Claimant’s disability but that (1) the Claimant had not presented his claim within the primary time limit and (2) it was not just … Continue reading Cyprien v Bradford Grammer School: EAT 15 Mar 2013
The claimant school teacher had been dismissed, after a finding that she had assaulted a pupil. She denied the assualt. Held: The School’s appeal against the decision of the EAT to re-instate the claim of unfair dismissal succeeded. The EAT had wrongly substituted its won veiw of the facts for that of the Tribunal. However … Continue reading Clarence High School and Another v Boardman: CA 15 Mar 2013
Citations: [1995] UKEAT 1060 – 95 – 2711 Links: Bailii Jurisdiction: England and Wales Citing: Cited – Meek v City of Birmingham District Council CA 18-Feb-1987 Employment Tribunals to Provide Sufficient ReasonsTribunals, when giving their decisions, are required to do no more than to make clear their findings of fact and to answer any question … Continue reading House of Fraser v Quist-Brown: EAT 27 Nov 1995
